Garvin v. Dawson
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Fayette county, to which this writ of error issued, the plaintiff in error, Edward Garvin, who was plaintiff below, brought two suits against George Dawson, the defendant in error, and defendant below, one on the act of the 21st of March, 1772, sect. 3, to recover double the value of his goods, •wrongfully distrained by the defendant; and the other, an action on the case, at common law, for the same cause, and alleging his complaint…
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IN ERROR. In the Court of Common Pleas of Fayette county, to which this writ of error issued, the plaintiff in error, Edward Garvin, who was plaintiff below, brought two suits against George Dawson, the defendant in error, and defendant below, one on the act of the 21st of March, 1772, sect. 3, to recover double the value of his goods, •wrongfully distrained by the defendant; and the other, an action on the case, at common law, for the same cause, and alleging his complaint in the same words. The first was commenced in January, and the second in February, 1822. Both were returnable to March…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
It is impossible to doubt, but that both suits were for the same cause. The rule of law is, nemo debet bis vexari pro eadem causa.. Where one is barred in any action, real or personal, by demurrer, confession, verdict, (and here the report of arbitrators was the same thing as a verdict,) he is barred as to that or the like action of the same nature, for the same thing, for ever. In persUhal actions, the bar is universal; upon real actions he may have an action of a like nature. Here, by aetion of a like nature, must be meant aetion in a…
2Cases cited1 opinion
- Rees v. EmerickSupreme Court of Pennsylvania · 1820
3Cited by3 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Gilchrist v. BaleSupreme Court of Pennsylvania · 1839
- Lacroix v. Macquart, Pennsylvania Court of Common Pleas, Philadelphia County1835